Sec. 2-573. - Authority to debar or suspend.

After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the director of purchasing is authorized to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three (3) years. The director of purchasing is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period of more than three (3) months. The causes for debarment include:

(1)

Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(2)

Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a city contractor;

(3)

Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

(4)

Violation of contract provisions, as set forth below, of a character which is regarded by the director of purchasing to be so serious as to justify debarment action:

(a)

Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

(b)

A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided, that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or

(5)

Any other cause the director of purchasing determines to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause mentioned in this section, or for violation of the ethical standards set forth in Division 6 of this article.

(Ord. No. 3910-89; Ord. No. 5999-04)

Sec. 2-573.1. - Decision to debar or suspend.

If the director of purchasing shall debar or suspend a person, the director of purchasing shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of his rights concerning judicial or administrative review.

(Ord. No. 3910-89; Ord. No. 5999-04)

Sec. 2-573.2. - Notice of decision.

A copy of the decision required by section 2-573.1 of this division shall be mailed or otherwise furnished immediately to the debarred or suspended person.

(Ord. No. 3910-89)

Sec. 2-573.3. - Finality of decision.

A decision under section 2-573.1 of this division shall be final and conclusive, unless the debarred or suspended person within ten (10) days after receipt of the decision appeals to the director of purchasing pursuant to section 2-577.2.

(Ord. No. 3910-89; Ord. No. 5476-00, § 1; Ord. No. 5999-04)

Secs. 2-574, 2-575. - Reserved.